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contacting the landlord

Tenant has to write a letter in regards to the tenancy, the landlords name and address is on the agreement managing agents headed paper.

Who does the tenant write to? ( I already know the answer but would appreciate the point in law which dictates the answer).

Thanks :)

Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Either or both.

    Writing a letter to the appointed agent of your landlord is the same as writing a letter to the landlord when it comes to routine tenancy matters.

    (Some official documents that need to be legally served, like court papers, is a different matter)
  • lindsloo
    lindsloo Posts: 252 Forumite
    Thanks.

    I wouldn't say it was routine. LA has sent out new tenancy agreement and changed some of the terms which I rejected, so I responded in writing to the LL cc LA.

    LA has been kind enough to amend back to original terms but has told me I am not allowed to contact the LL.

    My understanding is that any formal communication is sent direct to the address on the tenancy agreement and I have stated my understanding to the LA.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Landlord and Tenant Act 1987

    See section 48.
    48 Notification by landlord of address for service of notices.
    (1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

    (2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

    England/Wales only.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Of course you are allowed to contact the landlord and if the LA are introducing problems into the relationship I'd actively encourage it.

    Doesn't mean the LL particularly wants to be contacted but most don't mind and many are happy if you bring problems to their attention. Some prefer to be included in all discussion directly. That's all up to the LL.

    As G_M points out the address on the tenancy agreement is the official address for service of notices.
  • lindsloo
    lindsloo Posts: 252 Forumite
    Thank you GM.

    I interpret section 48 has any correspondence must go to the address on the tenancy agreement, which is the LLs. The LA isn't on the agreement (have seen some include themselves as managing agent.

    The LA exact final response was

    I am the managing agent so the contact is done through me. You only contact the landlord if I am doing me job, qhich I am, or the landlord has failed to do something under section 48, but that is not applicable either.

    The only requirement under section 48 is to supply me with an address for correspondence which has already been done so I have no idea what else the agent is referring to.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Just ignore them. You can write a letter to whoever you like unless there is a court injunction preventing you from harassing them! :)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 16 July 2013 at 1:55PM
    Somewhere, usually on the tenancy agreement, there is an address with the phrase "for the serving of notices.."

    Found it? Is it

    a) the lanlord's address(as far as you know)
    b) the letting agent

    It does not matter. This is where formal communication goes, whether giving notice to leave,or a complaint, or just because you want something 'on the record' etc

    You ALSO have the right toask for the LL's actual address:

    Landlord & Tenant Act 1985 section 1
    1 Disclosure of landlord’s identity.
    (1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

    (a)any person who demands, or the last person who received, rent payable under the tenancy, or

    (b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
    that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

    (2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
    Unfortunately many agents ignore this (despite it being a criminal offence) and it is very difficult to prosecute them in practice.

    Or pay £3 to the Land Registry to find the owner of the property plus theiraddress(though it may be your property!)

    No one can stop you writing to him......
  • lindsloo
    lindsloo Posts: 252 Forumite
    Thank you both.

    It's definitely the landlords address, there is no mention of the agent apart from their logo in the corner of the agreement. I will save this thread in the event I need to write again.

    Thanks
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